Legal Opinion

Estate of Fabrikant v. Commissioner

United States Tax Court

Decided January 24, 1963No. Docket No. 87002Published

Continuation of support payments to divorced wife originally specified in separation agreement, held, on facts, not gifts within the meaning of the gift tax statute. I.R.C. 1939, ch. 4.

1Opinion of the Court

Estate of Louis Fabrikant, Deceased, Morton Baum, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent

Estate of Fabrikant v. Commissioner

Docket No. 87002

United States Tax Court

39 T.C. 714; 1963 U.S. Tax Ct. LEXIS 204;

January 24, 1963, Filed

Decision will be entered under Rule 50.

Continuation of support payments to divorced wife originally specified in separation agreement, held, on facts, not gifts within the meaning of the gift tax statute. I.R.C. 1939, ch. 4.

David Oppenheim, Esq., for the petitioner.

Henry G. Nagel, Esq., for the respondent.

Opper, Judge.

OPPER

Respondent…

2Cases cited13 opinions

  1. Commissioner v. DubersteinSupreme Court of the United States · 1960
  2. Helvering v. FitchSupreme Court of the United States · 1940
  3. Helvering v. LeonardSupreme Court of the United States · 1940
  4. Jones v. CommissionerUnited States Tax Court · 1943
  5. Haas v. HaasNew York Court of Appeals · 1948

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